Kristin Perry, et al v. Arnold Schwarzenegger, et al

Defendant,:ARNOLD SCHWARZENEGGER, in his official capacity as Governor of California, EDMUND G. BROWN, Jr., in his official capacity as Attorney General of California, MARK B. HORTON, in his official capacity as Director of the California Department of Public Health & State Registrar of Vital Statistics, LINETTE SCOTT, in her official capacity as Deputy Director of Health Information & Strategic Planning for the California Department of Public Health, PATRICK O'CONNELL, in his official capacity as Clerk-Recorder for the County of Alameda and DEAN C. LOGAN, in his official capacity as Registrar-Recorder/County Clerk for the County of Los Angeles

Movant - Appellant,:COUNTY OF IMPERIAL, THE BOARD OF SUPERVISORS OF THE COUNTY OF IMPERIAL and ISABEL VARGAS, In her official capacity as Deputy Clerk/Deputy Commissioner of Civil Marriages for the County of Imperial

Filed (ECF) Appellants County of Imperial, The Board of Supervisors of the County of Imperial, Isabel Vargas and Intervenor - Pending Chuck Storey reply to response (, ,motion to intervene). Date of service: 03/14/2011. [7680318] (RHT)

Filed (ECF) Appellants County of Imperial, The Board of Supervisors of the County of Imperial, Isabel Vargas and Intervenor - Pending Chuck Storey reply to response (,motion to intervene, ). Date of service: 03/14/2011. [7680316] (RHT)

COURT DOCKET UPDATE: Party substitution of new officials: EDMUND G. BROWN, Jr., in his official capacity as Governor of California; and KAMALA D. HARRIS, in her official capacity as Attorney General of California. [7664704] (RY)

FILED PER CURIAM OPINION (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) AFFIRMED; DISMISSED. The district court order denying the motion to intervene is AFFIRMED.
Movants’ appeal of the district court order concerning the constitutionality of
Proposition 8 is DISMISSED for lack of standing.
The deadline for filing a petition for panel rehearing or rehearing en banc is
hereby EXTENDED until the deadline for such petitions in No. 10-16696, which
will be 14 days after an opinion is filed in that appeal. The Clerk is DIRECTED to
stay the issuance of the mandate in this case until the mandate issues in No. 10-
16696.
AFFIRMED in part; DISMISSED in part. FILED AND ENTERED JUDGMENT. [7598965] (RP)

Filed order (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) Plaintiffs-appellees and plaintiff-intervenor-appellee’s time within the second hour of oral argument is hereby reallocated pursuant to their jointly
submitted letter of December 1, 2010. IT IS SO ORDERED. [7565125] [10-16696, 10-16751] (WL)

Filed clerk order (Deputy Clerk:PA): The Associated Press will serve as the pool-feed for all media organizations that submit an application for photography with still camera for the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. Reuter’s is directed to contact Stephanie Mullen at smullen@ap.org concerning the Associated Press’ news media pooling guidelines.
[7562525] [10-16696, 10-16751] (PA)

November 30, 2010

60

Filed clerk order (Deputy Clerk:PA):The Associated Press will serve as the pool-feed for all media organizations that submit an application for photography with still camera for the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. . The Recorder is directed to contact Stephanie Mullen at smullen@ap.org concerning the Associated Press’ news media pooling guidelines.
[7562521] [10-16696, 10-16751] (PA)

November 30, 2010

59

Filed clerk order (Deputy Clerk:PA):The Associated Press will serve as the pool-feed for all media organizations that submit an application for photography with still camera for the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. . Rex Wockner (to include 25 LGRT Newspaper) is directed to contact Stephanie Mullen at smullen@ap.org concerning the Associated Press’ news media pooling guidelines.
[7562508] [10-16696, 10-16751] (PA)

November 30, 2010

58

Filed clerk order (Deputy Clerk:PA):The Associated Press will serve as the pool-feed for all media organizations that submit an application for photography with still camera for the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. . Critical Images, Inc., is directed to contact Stephanie Mullen at smullen@ap.org concerning the Associated Press’ news media pooling guidelines.
[7562502] [10-16696, 10-16751] (PA)

November 30, 2010

57

Filed clerk order (Deputy Clerk:PA): KXTV-News10 applied to videotape for later broadcast and audio-record for later broadcast the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. KXTV-NEWS10’s request to videotape for later broadcast and audio-record for later broadcast is GRANTED.
[7562213] [10-16696, 10-16751] (PA)

Filed clerk order (Deputy Clerk:PA): ....... . Non-Party Media Coalition’s request to televise live, video for later broadcast, radio broadcast live, audio-record for later broadcast and Webcast live is GRANTED.
The Non-Party Media Coalition’s request to photograph with still camera is GRANTED. The Associated Press will serve as the pool-feed for all media organizations that submit an application for photography with still camera. (See Order for full text)[7560738] [10-16696, 10-16751] (PA)

Filed clerk order (Deputy Clerk:PA): KGO Radio applied to radio broadcast live and audio-record for later broadcast the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. KGO-Radio’s request to radio broadcast live and audio-record for later broadcast is GRANTED.
[7560572] [10-16696, 10-16751] (PA)

Filed clerk order (Deputy Clerk:PA): KCBS Radio applied to radio broadcast live and audio-record for later broadcast the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. KCBS-Radio’s request to radio broadcast live and audio-record for later broadcast is GRANTED.
[7559610] [10-16696, 10-16751] (PA)

Filed clerk order (Deputy Clerk:PA):ABC News applied to televise live, videotape for later broadcast, radio broadcast live and audio-record for later broadcast, the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. ABC News’ request to televise live, videotape for later broadcast, radio broadcast live and audio-record for later broadcast is GRANTED.
[7559596] [10-16696, 10-16751] (PA)

Filed clerk order (Deputy Clerk:PA): ABC News applied to televise live and videotaped for later broadcast the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. ABC News’ request to televise live and videotape for later broadcast is GRANTED.
[7559576] [10-16696, 10-16751] (PA)

Filed clerk order (Deputy Clerk:PA):KTVU- Channel 2 News applied to televise live the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. KTVU-Channel 2 News’ request to televise live is GRANTED. [7559504] [10-16696, 10-16751] (PA)

November 26, 2010

49

Filed clerk order (Deputy Clerk:KKW): For purposes of clarification, these appeals are consolidated for oral argument. Treating plaintiffs’ counsel’s letter of November 17, 2010, as a motion to reconsider this Court’s Order of November 15, 2010, the motion is GRANTED in part and DENIED in part.
The argument shall remain divided into two hour-long sessions as provided in this Court’s previously issued Order, and the allocation of time within the first hour remains the same. Time within the second hour, concerning the merits, is reallocated as follows: 30 minutes for the Proponents, 20 minutes for the Perry plaintiffs-appellees, and 10 minutes for the plaintiff-intervenor-appellee City and County of San Francisco.
Until December 1, 2010, however, the Court will entertain any suggestion submitted jointly by counsel on plaintiffs’ side to reallocate the time between plaintiffs-appellees and plaintiff-intervenor-appellee, and similarly, any jointly submitted request relating to the time allocated to defendants-intervenors-appellants and movants-appellants.
[7558727] [10-16696, 10-16751] (KKW)

Filed (ECF) Appellants County of Imperial, The Board of Supervisors of the County of Imperial and Isabel Vargas Correspondence: Regarding the Court's Order dated November 15, 2010. Date of service: 11/24/2010 [7558261]--[COURT UPDATE: Replaced PDF; resent NDA. 11/26/2010 by DB] (RHT)

Filed clerk order (Deputy Clerk:PA): The California Channel applied to televise live and videotape for later broadcast the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. The California Channel's request to televise live and videotape for later broadcast is GRANTED.
[7551850] [10-16696, 10-16751] (PA)

Filed clerk order (Deputy Clerk:PA)C-SPAN applied to televise live the case captioned above, scheduled to be heard in San Francisco, on December 6, 2010 at 10:00 a.m. C-SPAN's request to televise live is GRANTED. A maximum of two (2) video cameras will be permitted in the courtroom. C-SPAN will serve as the pool-feed for all media organizations that submit an application.[7549282] [10-16696, 10-16751] (PA)

Filed clerk order (Deputy Clerk:KKW): The Court orders that oral argument in these appeals be conducted in the following manner: The argument shall be divided into two hour-long sessions, with a brief recess in between. In the first hour, the parties shall address each appellant’s standing and any other procedural matters that may properly be raised. In the second hour, the parties shall address the constitutionality of Proposition 8.
During the first hour, the Hollingsworth defendants-intervenors-appellants (“Proponents”) shall first have 15 minutes, and the Imperial County movants-appellants shall next have 15 minutes in which to present their opening arguments regarding standing and other procedural issues. The Perry plaintiffs-appellees shall then have 30 minutes in which to respond. Any time reserved by either appellant may be used for rebuttal, but only one rebuttal argument may be made and that by either appellant.
During the second hour, the Proponents shall first have 30 minutes to present their opening argument on the merits of the constitutional question. The Perry plaintiffs-appellees shall then have 15 minutes, and the plaintiff-intervenor-appellee City and County of San Francisco shall have the next 15 minutes, in which to respond. Any time reserved by the Proponents may be used for rebuttal.
No later than November 24, 2010, the parties shall advise the Court of any objection they have to the allocation of time within each hour or of any reallocation of time within each hour that they wish to propose, by electronically filing letters with the Clerk of the Court. If any party wishes to give its full allotted time within either hour to an amicus curiae, it may request that the Court reallocate that time accordingly. Otherwise, no motions for leave to participate in oral argument by amici curiae will be entertained. [7545530] (KKW)

November 8, 2010

39

Received 7 paper copies of Reply brief [36] filed by County of Imperial, The Board of Supervisors of the County of Imperial and Isabel Vargas.(Sent to panel) [7539879] (SD)

Filed clerk order: The reply brief [36] submitted by County of Imperial, The Board of Supervisors of the County of Imperial and Isabel Vargas is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7532332] (FT)

Filed clerk order (Deputy Clerk:WL): Movants-Appellants’ motion for leave to exceed the page limitations is GRANTED. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by [7531510] (WL)

Filed clerk order: The amicus brief [30] submitted by California Professors of Family Law is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7521767] (FT)

Filed clerk order: The answering brief [25] submitted by Paul T. Katami, Kristin M. Perry, Sandra B. Stier and Jeffrey J. Zarrillo is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7517825] (FT)

Filed clerk order: The amicus brief [16] submitted by Center For Constitutional Jurisprudence is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7489522] (FT)

Filed clerk order: The opening brief [8] submitted by County of Imperial, The Board of Supervisors of the County of Imperial and Isabel Vargas is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7484140] (FT)

Filed order MEDIATION (LJE): Based on a review of the Mediation Questionnaire, this case is not selected for inclusion in the Mediation Program. The existing briefing schedule remains in effect. Counsel for any party interested in obtaining assistance from the court in pursuing settlement of the case on appeal or learning more about the Mediation Program is encouraged to contact the undersigned by fax (415) 355-8566. The communication will be kept confidential, if requested, from the other parties in the case. Counsel are requested to send copies of this order to their clients. [7476516] (WL)

Filed order (EDWARD LEAVY, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS) The court sua sponte expedites the briefing and hearing of this appeal pursuant to Federal Rule of Appellate Procedure 2. The provisions of Ninth Circuit Rule 31-2.2(a) (pertaining to grants of time extensions) shall not apply to this appeal. This appeal shall be calendared with case No. 10-16696 during the week of December 6, 2010, at The James R. Browning Courthouse in San Francisco, California.
The previously established briefing schedule is vacated. The opening brief is now due September 17, 2010. The answering brief is due October 18, 2010. The reply brief is due November 1, 2010.
IT IS SO ORDERED. [7442047] (KD)

Filed (ECF) Appellants County of Imperial, The Board of Supervisors of the County of Imperial and Isabel Vargas Motion for miscellaneous relief [Joinder of Emergency Motion for Stay Pending Appeal Filed in Case No. 10-16696 on August 12, 2010]. Date of service: 08/13/2010. [7440113] (JLM)

DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/18/2010. Transcript ordered by 09/09/2010. Transcript due 10/11/2010. Appellant County of Imperial, Appellant The Board of Supervisors of the County of Imperial and Appellant Isabel Vargas opening brief due 11/18/2010. Appellee City and County of San Francisco, Appellee Paul T. Katami, Appellee Kristin M. Perry, Appellee Sandra B. Stier and Appellee Jeffrey J. Zarrillo answering brief due 12/20/2010. Appellant's optional reply brief is due 14 days after service of the answering brief. [7435701] (COURT UPDATE: Entry updated to reflect fees have been paid; resent notice)--[Edited 08/11/2010 by HH] (WF)

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